Terms of Use
MCATbyJames maintains this website, any courses offered, where it’s hosted, and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site or signing up for its services. Use of this website and services indicates acceptance of these “Terms of Use” and forms a binding agreement between you and MCATbyJames If you do not agree to these terms, please do not use this Site or its services.
Users under the age of 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
1. Use of Site
MCATbyJames provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through and for this site (the “Materials”). MCATbyJames authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site, is considered a contract breach and puts you under the risk of legal action.
2. User Warranty
As a User, you warrant that you are not an agent or employee of any other test preparation company and the Site and Materials solely for the purpose of increasing your school/university/course grades.
3. Trademark and Copyright
MCATbyJames, and certain other brands, trademarks, and service marks are marks of MCATbyJames and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
4. No Warranty
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. MCATbyJames. further does not warrant the accuracy and completeness of the Materials at this Site. MCATbyJames may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and MCATbyJames makes no commitment to update the Materials at this Site.
5. Payment, Billing, and Cancellation Policy
We or our affiliates make certain products and services available to visitors and registrants of the Site. You agree to pay all fees, plus applicable sales tax, for any purchases you make concurrent with your online order. If your payment method is declined and you receive the products and/or services, you agree to pay all amounts due upon demand by us. If you have not yet received the products and/or services, we will cancel your order. When you select an online tutoring plan (“Plan”), we immediately charge the applicable fee to your credit card, or another accepted payment method, and register you for the services that correspond to your Plan. We offer no refunds, no user transfers, no course holding, nor reimbursements of any kind.
You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a physical card. We may receive updated information about your payment method from the issuing financial institution. You agree to pay all fees and charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees.
6. Communication
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers. Your private information is protected by our privacy policy.
7. Limitation of Liability
In no event will MCATbyJames, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
8. Applicable Law
The Terms of Use are governed by the laws of the province of Alberta, Canada. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. MCATbyJames may assign its rights and duties under the Terms of Use without notice to any party at any time.
10. Effective Date and Updates
The Terms are effective as of November 1st, 2019 and are subject to change without notice by MCATbyJames at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.